Case 2500992/2022 · Employment Tribunal
Ben Forsyth v SE-Tek Ltd (in administration) — 2023
- Case reference
- 2500992/2022
- Decision date
- 12 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Jeram
Parties
2 namedClaimant
Ben Forsyth
Respondent
Key findings
Tribunal's reasoningThe judgment was made pursuant to rule 21. The tribunal held that Ben Forsyth's complaint under s.189 of the Trade Union & Labour Relations (Consolidation) Act 1992 succeeded, on the basis that SE-Tek Ltd (in administration) failed adequately to comply with a requirement of s.188 of that Act. The claim for a protective award also succeeded.
The respondent was ordered to pay remuneration to the claimant for a protected period of 90 days beginning on 13 July 2022, which the judgment records as the date on which dismissal took effect. The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the award. No monetary amount was specified in the judgment.
All claims other than the successful protective award complaint were struck out as not actively pursued. The judgment also records that neither the consent of the Administrator nor the permission of the court had been obtained for the proceedings to be instituted or continued as required by the Insolvency Act 1986.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award complaint under s.189 TULRCA 1992 for failure adequately to comply with s.188 requirements succeeded; remuneration was ordered for a protected period of 90 days from 13 July 2022, but no monetary figure was stated. | Upheld | — | — |
| Other | All other claims were struck out as not actively pursued; the judgment does not identify those claims separately. | Struck out | — | — |
Legal tests applied
5 references- rule 21
- s.189 Trade Union & Labour Relations (Consolidation) Act 1992
- s.188 Trade Union & Labour Relations (Consolidation) Act 1992
- Employment Protection (Recoupment of Benefits) Regulations 1996
- Insolvency Act 1986
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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